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Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction
Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. ("Credit One"). The Cardholder Agreement
Supreme Court of Kentucky holds that a Kentucky statute prohibiting employers from requiring employees to sign arbitration agreements as a condition to employment was not preempted by the Federal Arbitration Act
The Supreme Court of Kentucky recently ruled that a state agency exceeded its power when it required an employee to sign an arbitration agreement as a
Ninth Circuit confirms vacatur of award that ignores plain text of contract to reach perceived just result as "irrational."
ECC Centcom Constructors, LLC and ECC International, LLC (together, "ECC") had a contract with the U.S. Army Corps of Engineers ("USACE") and awarded
Sixth Circuit compels arbitration where attack was on validity of contract, not validity of arbitration provision, and remands case to district court to decide on permissibility of class arbitration
In 2011, Matt Rogers entered into a lease agreement governing oil and gas extraction from Rogers's five-acre property in Ohio (the "Agreement") with
Foreign Sovereign Immunities Act. District court grants default judgment against an absent defendant and enforces arbitral award in an action to enforce financial obligations brought under the Foreign Sovereign Immunities Act
Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively "Tidewater"), were investors in oil- and gas-related
District court denied Plaintiff's application where Plaintiff had publicly stated that it was seeking this discovery to evaluate whether to bring a separate action against the target company in the U.S
Plaintiff brought an action in the Southern District of New York, seeking an order under 28 U.S.C. 1782 authorizing it to take discovery from the
Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it
In January 2016, Plaintiff purchased a 2-Year Electronics Protection Plan (the "Protection Plan") from SquareTrade to protect a CD player that he
Supreme Court of Missouri determined that the language of the arbitration agreement limited the choice of arbitrator such that a court was not permitted to identify a substitute for a defunct arbitrator
In June and July 2006, Meeka Hunter ("Hunter") applied for $800 in four loans from A-1 Premium Acceptance, Inc. ("A-1"), signing contracts for each
District court grants application for discovery pursuant to 28 U.S.C. 1782 in aid of foreign arbitration, criminal and liquidation proceedings
Applicants were investors in a group of Mauritius private-equity funds that were formed to invest in Indian real estate. Beginning in 2015, applicants
District court finds that Sweden's interest in contractual dispute outweighs U.S. interest and dismisses lawsuit in favor of Swedish forum
Snöfrost, a Swedish company, filed a complaint in the U.S. District Court for the District of Massachusetts against Susanne Håkansson, a Massachusetts
District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate
Through a series of subcontracts, Big Port Service DMCC ("BPS") supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. ("CSCL"
District court dismisses complaint for lack of subject matter jurisdiction due to failure to adequately demonstrate a nexus between the property at issue and the foreign sovereign's commercial activity in the United States
According to a pro se complaint filed by Sheafen Kuo and Tina Kuo in the Southern District of New York, their father, Shih Jian Kuo, purchased a unit
Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.
In November 2017, Plaintiff Amy Skuse ("Skuse") filed a complaint against her former employer Pfizer, Inc. ("Pfizer"), and several other Pfizer
District court grants motion to compel arbitration in accordance with broad arbitration clause that provides that an arbitrator must decide the threshold issue of whether a dispute is arbitrabl
Plaintiff SteppeChange, LLC ("SteppeChange") a California-based tech company, was involved in two projects, under two separate oral agreements, with
Are recordings made without counterparty's consent admissible as evidence in arbitration?
It has long been disputed whether video or audio recordings can be admitted as evidence in arbitration where they are made without the counterparty's
Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision
The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the
Austrian Yearbook on International Arbitration 2019
For a long time the traditional view was that it was not necessary to distinguish between domestic and foreign arbitrators because they were all the
New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking Arbitration Agreements
As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual
New Jersey bans NDAs and certain waivers of rights in agreements with employees
On March 18, 2019, New Jersey Governor Phil Murphy signed new legislation (S121) that significantly impacts the scope of certain employment agreements
Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira
In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act's ("FAA" or the "Act") exclusion for
Third Party Discovery Subpoenas in Arbitration: The Growing Circuit Court Split
One of the potential advantages of arbitration is that it could be less time consuming and less expensive than traditional litigation. And one of the
New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts
A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and
Arbitration in Italy - The New Rules of the Milan Chamber of Arbitration
On March 1, 2019, the Milan Chamber of Arbitration ("CAM"), the leading Italian institution, managing 23 of the international arbitrations having
California Legislature Tries Yet Again to Outlaw Arbitration Agreements
There they go again! As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers
Brexit: UK unwinds implementation of EU ADR laws
The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (200852EC) after Brexit. The
Partial Final Award Not Ripe For Confirmation
Under Section 9 of the Federal Arbitration Act, a court must confirm an arbitration award when a timely request is made unless there is a basis to
Une nouvelle voie ouverte par les Règles de Prague sur la Conduite Efficace des Procédures en Arbitrage International
Le 14 décembre 2018, les nouvelles Règles sur la Conduite Efficace des Procédures en Arbitrage International ( les Règles de Prague ) ont été
Litigation Trends 2019
It is our pleasure to present the 2019 edition of Weil’s Litigation Trends Report, in which we offer our cross-practice assessments and predictions
New Jersey's Response to MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements
Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019
Straight to the point of dispute resolution: is litigation or arbitration better?
Adrian Lifely is a Partner at Osborne Clarke specialising in complex international arbitration and in commercial litigation. In this video, he